Opinion

Brown v. Wellpath LLC

Court
District Court, W.D. North Carolina
Filed
Jan 17, 2025
Cited by
0 cases
Authority
More cited than 33.7%

The opinion

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

CASE NO. 3:24-CV-00480-FDW-SCR

LEKISHA DEE BROWN, AS )

ADMINISTRATIX OF THE ESTATE OF )

KARON GOLIGHTLY, )

)

Plaintiff, )

)

v. ) ORDER

)

WELLPATH LLC et al, )

)

Defendants. )

)

THIS MATTER is before the Court on the motions to dismiss filed by Defendants Lisa

Suddreth, (Doc. No. 48), and Josette C. Alston, Lemuelle A. Claud, Carl R. Cooper, and Wellpath

LLC, (Doc. No. 52).

On November 18, 2024, after the filing of these motions to dismiss, Defendant Wellpath

LLC filed a Notice of Petition of Bankruptcy and Notice of Stay. (Doc. No. 60.) Defendant

Wellpath informed the Court that this proceeding is stayed pending its Chapter 11 bankruptcy

proceeding in the United States Bankruptcy Court for the Southern District of Texas. (Id.)

Although this case is currently stayed, two motions to dismiss remain pending. (Doc. Nos.

48, 52.) “[D]istrict courts have the inherent authority to manage their dockets . . . with a view

toward the efficient and expedient resolution of cases . . . .” Moss v. City Hosp., Inc., No. 3:19-

CV-187, 2020 WL 12584435, at *2 (N.D. W. Va. Nov. 10, 2020) (quoting Dietz v. Bouldin, 136

S. Ct. 1885, 1892 (2016)). Accordingly, the Court will deny the pending motions to dismiss and

permit Defendants to refile their motions to dismiss after the stay is lifted.

IT IS THEREFORE ORDERED that the Motions to Dismiss, (Doc. Nos. 48, 52), are

administratively DENIED without prejudice to refiling after the stay is lifted. Defendants may

refile their motions within twenty-one days after the stay is lifted. This Order is not a ruling on the

merits of either motion.

IT ISSO ORDERED. Signed: January 16, 2025

Frank D. Whitney Sy

Senior United States District Judge ~

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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